Article grievance procedure: Overview, definition, and example
What is an article grievance procedure?
An article grievance procedure refers to a formal process outlined in a contract, typically within a collective bargaining agreement, that provides a clear method for employees or union members to resolve disputes or complaints with their employer. These grievances can involve issues related to working conditions, violation of rights, or disagreements regarding the interpretation or enforcement of the contract. The procedure typically includes specific steps that must be followed, such as filing a grievance, discussing the issue with supervisors, and escalating the matter through various levels of management or union representatives if necessary.
Why is an article grievance procedure important?
An article grievance procedure is important because it provides a structured and standardized process for resolving conflicts in the workplace. By including this procedure in a contract, both employees and employers are clear on how grievances will be handled, reducing the risk of misunderstandings and legal disputes. It also ensures that employees have a formal avenue to voice concerns and seek resolution without resorting to extreme measures, like strikes or legal action. For employers, having a grievance procedure in place can help maintain a positive work environment and promote fairness, transparency, and accountability.
Understanding article grievance procedure through an example
Imagine an employee who feels that their pay was incorrectly calculated according to the terms outlined in their contract. The employee files a grievance through the article grievance procedure, starting by submitting a written complaint to their immediate supervisor. If the supervisor is unable to resolve the issue, the grievance is escalated to higher management, and if necessary, it is taken to arbitration, as specified in the grievance procedure outlined in the collective bargaining agreement. Through this process, the issue is formally addressed, and a resolution is reached, avoiding legal action.
In another example, a unionized worker at a factory raises a grievance because they believe the employer has violated safety regulations. The worker follows the steps laid out in the grievance procedure to raise the issue, which may involve filing a written complaint, meeting with management, and eventually bringing the issue to an independent arbitrator if the dispute is not resolved. This ensures that the issue is dealt with in an organized and fair manner.
An example of an article grievance procedure clause
Here’s how a clause about an article grievance procedure might appear in a collective bargaining agreement:
“Any grievance arising from the interpretation or application of this Agreement shall be submitted in writing to the Employer within 15 days of the event causing the grievance. The grievance shall be discussed between the employee and the immediate supervisor. If the matter is not resolved, it will be escalated to the department manager, and if necessary, to an arbitrator for final resolution.”
Conclusion
The article grievance procedure is an essential component of collective bargaining agreements and workplace contracts, providing employees with a structured, fair way to address complaints and disputes with their employer. By ensuring that grievances are handled systematically, it promotes transparency, fairness, and communication between employees and management, helping to avoid conflicts and maintain a positive working environment.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.